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21 Deeds which do not convey, but only 2. This is effected by, I. Surrender by the

charge real property, and discharge it, tenant into the hands of the lord to the are, 1. Obligations. II. Recognizances. use of another, according to the custoin III. Defeazances upon both .Page 340–342

of the manor. II. Presentment, by the CHAPTER XXI.

tenants, or homage, of such surrender.

III. Admittance of the surrenderee by OF ALIENATION BY MATTER OF RECORD. 344 to 363 the lord, according to the uses expressed 1. Assurances by matter of record are, where in such surrender...

.Page 368-370 the sanction of some court of record is 3. Admittance may also be had upon original called in to substantiate and witness the grants to the tenant from the lord, and transfer of real property. These are, I. upon descents to the heir from the anPrivate acts of parliament. II. The king's cestor.........................

...... .................. 37) grants. III. Fines. IV. Common recoveries..........

344

CHAPTER XXIII. 2. Private acts of parliament are a species OF ALIENATION BY DEVISE......... .373 to 381

of assurances, calculated to give (by the 1. Devise is a disposition of lands and tene transcendent authority of parliament) ments, contained in the last will and tessuch reasonable powers or relief as are tament of the owner....

373 beyond the reach of the ordinary course 2. This was not permitted by the common of law ...................

344 law, as it stood since the conquest; but 8. The king's grants, contained in charters was introduced by the statute law, under

or letters-patent, are all entered on re Henry VIII. : since made more universal cord, for the dignity of the royal person by the statute of tenures under Charles

and security of the royal revenue... 346 II., with the introduction of additional 4. A fine (sometimes said to be a feoffment solemnities by the statute of frauds and

of record) is an amicable composition and perjuries in the same reign..............375-376 agreement of an actual or fictitious suit; 3. The construction of all common assur. whereby the estate in question is acknow ances should be, I. Agreeable to the in.

ledged to be the right of one of the parties 348 tention, II. to the words, of the parties. 6. T'he parts of a fine are, I. The writ of III. Made upon the entire deed. IV.

covenant. II. The license to agree. III. Bearing strongest against the contractor. The concord. IV. The note. V. The

V. Conformable to law. VI. Rejecting foot. To which the statute hath added, the latter of two totally repugnant clauses VI. Proclamations ...

..350-352 in a deed, and the former in a will. VII. 6. Fines are of four kinds: I. Sur cogni Most favourable in case of a devise ... 379-381

zance de droit, come ceo que il ad de son done. II. Sur cognizance de droit tantum.

CHAPTER XXIV. III. Sur concessit. IV. Sur done, grant, et OF THINGS PERSONAL.....

...................... 384 to 387 render; which is a double fine .... 353 1. Things personal are comprehended under 7. The force and effect of fines (when levied the general name of chattels; which in

by such as have themselves any interest clude whatever wants either the duration, in the estate) are to assure the lands in or the immobility, attending things real.. 384 question to the cognizee, by barring the 2. In these are to be considered, I. Their respective rights of parties, privies, and distribution. II. The property of them. strangers

354 III. The title to that property .......... 384,387 6. A common recovery is by an actual, or 3. As to the distribution of chattels, they

fictitious, suit or action for land, brought are, I. Chattels real. II. Chattels peragainst the tenant of the freehold; who sonal...

386 thereupon vouches another, who under 4. Chattels real are such quantities of intakes to warrant the tenant's title; but terest, in things immovable, as are short upon such vouchee's making default, the of the duration of freeholds; being limitland is recovered by judgment at law ed to a time certain, beyond which they against the tenant; who, in return, obtains cannot subsist. (See Ch. IX. ............... 386 judgment against the vouchee to recover 6. Chattels personal are things movable,

lands of equal value in recompense...357–359 which may be transferred from place to 9. The force and effect of a recovery are to place, together with the person of the assure lands to the recoveror, by barring

owner .......

.... 887 estates tail, and all remainders and rever

CHAPTER XXV. sions expectant thereon; provided the tenant in tail either suffers, or is vouched OF PROPERTY IN Things PERSONAL ....389 to 398 in, such recovery..

361 1. Property in chattels personal is either in 10 The uses of a fine or recovery may be possession or in action

389 directed by, I. Deeds to lead such uses; 2. Property in possession, where a man has which are made previous to the levying the actual enjoyment of the thing, is, I. or suffering them II. Deeds to declare Absolute. II. Qualified......

389 the uses; which are made subsequent..... 363 3. Absolute property is where a man has CHAPTER XXII.

such an exclusive right in the thing that

it cannot cease to be his, without his own OF ALIENATION BY SPECIAL Custom ...365 to 371 act or default.......

389 1 Assurances by special custom are con 4. Qualified property is such as is not, in

fined to the transfer of copyholl estates.. 365 its nature, permanent; but may some

.........

times subsist, and at other times not sub goods and chattels, payable to the lord sist ....

............... Page 391 of the fee on the decease of the owner of 6. This may arise, I. Where the subject is

lands .......

............. Page 429 incapable of absolute ownership. II. 3. Mortuaries are a customary gift, due to From the peculiar circumstances of the the minister in many parishes, on the owners ........ .891-396 death of his parishioners

425 6 Property in action is where a man hath 4. Heir-looms are such personal chattels as

not the actual occupation of the thing; descend by special custom to the heir, but only a right to it, arising upon some along with the inheritance of his ancestor 427 contract and recoverable by an action at law.

396

CHAPTER XXIX. 1. The property of chattels personal is lia OF TITLE BY SUCCESSION, MARRIAGE, AND ble to remainders, expectant on estates JUDGMENT....

430 to 439 for life; to joint-tenancy, and to tenancy 1. By succession the right of chattels is in common..............

398

vested in corporations aggregate; and CHAPTER XXVI.

likewise in such corporations sole as are

the heads and representatives of bodies OF TITLE TO THINGS PERSONAL BY Occu

aggregate..........

430 PANCY .........

......... 400 to 407 | 2. By marriage the chattels real and per1. The title to things personal may be ac

sonal of the wife are vested in the husquired or lost by, I. Occupancy. II. Pre band, in the same degree of property, rogative. III. Forfeiture. IV. Custom. and with the same powers, as the wife V. Succession. VI. Marriage. VII. Judg when sole had over them; provided he ment. VIII. Gift, or Grant. IX. Con

reduces them to possession.......

433 tract. X. Bankruptcy. XI. Testament. 3. The wife also acquires by marriage a XII. Administration

400

property in her paraphernalia....... 435 2. Occupancy still gives the first occupant 4. By judgment consequent on a suit at

a right to those few things which have law, a man may, in some cases, not only no legal owner, or which are incapable recover, but originally acquire, a right of permanent ownership.

Such as, I.

to personal property. As, I. To penalGoods of alien enemies. II. Things found. ties recoverable by action popular. II. III. The benefit of the elements. IV. To damages. III. To costs of suit.... 436-439 Animals feræ naturay. Emblements. VI. Things gained by accession ;-or,

CHAPTER XXX. VII. By confusion. VIII. Literary pro OF TITLE BY GIFT, GRANT, AND CONperty..... 400-407

.............440 to 470 CHAPTER XXVII.

1. A gift, or grant, is a voluntary convey

ance of a chattel personal in possession, OF TITLE BY PREROGATIVE, AND FORFEIT without any consideration or equivalent. 440

.... 408 to 421 2. A contract is an agreement, upon suffiI. By prerogative is vested in the crown, cient consideration, to do or not to do a

or its grantees, the property of the royal particular thing; and by such contract revenue, (see book I., ch. VIII.;) and also any personal property (either in possesthe property of all game in the kingdom, sion or in action) may be transferred..... 442 with the right of pursuing and taking 3. Contracts may be either express, or imit ............

......................... 408-419 plied; either executed, or executory 443 2. By forfeiture, for crimes and misdemean 4. The consideration of contracts is, I. A

ours, the right of goods and chattels may good consideration. II. A valuable conbe transferred from one man to another; sideration; which is, 1. Do, ut des. 2. either in part or totally

420 Facio, ut facias. 3. Facio, ut des. 4. Do, 8. Total forfeitures of goods arise from con ut facias .......

...........444-5 viction of, I. Treason, and Misprision 5. The most usual species of personal conthereof. II. Felony. III. Excusable ho

tracts are,

I. Sale or exchange. II. Bailmicide. IV. Outlawry for treason or

ment. III. Hiring or borrowing. IV. felony. V. Flight. VI. Standing mute. Debt

446 VII. Assaults on a judge, and batteries, 6. Sale or exchange is a transmutation of sitting the courts. VIII. Præmunire. IX.

property from one man to another, in Pretended prophecies. X. Owling. XI. consideration of some recompense in value 446 Residing abroad of artificers. XII. Chal 7. Bailment is the delivery of goods in trust, lenges to fight for debts at play ............ 421 upon a contract, express or implied, that

the trust shall be faithfully performed by CHAPTER XXVIII. the bailee .....

451 OF TITLE BY CUSTOM ...................

........422 to 427 8. Hiring or borrowing is a contract whereBy custom, obtaining in particular places, by the possession of chattels is transferred & right may be acquired in chattels; the for a particular time, on condition that most usual of which customs are those the identical goods (or, sometimes, their relating to, I. Heriots. II. Mortuaries. value) be restored at the time appointed; III. Heir-looms......

422 together with (in case of hiring) a stipend 2 Heriots are either heriot-service, which or price for the use.....

453 differs little from a rent; or heriot-cus 9. This price, being calculated to answer tom, which is a customary tribute, of the hazard, as well as inconvenience, of

TRACT.............

URE

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lending, gives birth to the doctrine of in 1. Concerning testaments and administra. terest, or usury, upon loan; and, conse tions, considered jointly, are to be obquently, to the doctrine of bottomry or served, I. Their original and antiquity.

respondentia, and insurance. .Page 453-464 II. Who may take a testament. III. Its 10. Debt is any contract, whereby a certain

nature and incidents. IV. What are exe. sum of money becomes due to the cre

cutors and administrators. V. Their of ditor. This is, I. A debt of record. II. fice and duty.

.... ... Page 489 A debt upon special contract. III. A 2. Testaments have subsisted in England debt upon simple contract; which last immemorially; whereby the deceased was includes paper credit, or bills of ex at liberty to dispose of his personal eschange, and promissory notes .......... 464-470 tate, reserving antiently to his wife and

children their reasonable part of his CHAPTER XXXI. effects....

491 OF TITLE BY BANKRUPTCY....... .....471 to 488 3. The goods of intestates belonged an1. Bankruptcy (as defined in Ch. XVIII.) tiently to the king, who granted them to

is the act of becoming a bankrupt .... 471 the prelates to be disposed in pious uses: 2. Herein may be considered, I. Who may but, on their abuse of this trust, in the

become a bankrupt. II. The acts where times of popery, the legislature compelled by he may become a bankrupt. III. The them to delegate their power to adminisproceedings on a commission of bankrupt

trators expressly provided by law ......... 493 cy. IV. How his property is transferred

4. All persons may make a testament, unthereby..

471 less disabled by, I. Want of discretion. 3 Persons of full age, using the trade of II. Want of free will. III. Criminal conmerchandise, by buying and selling, and duct.....

..496-497 seeking their livelihood thereby, are liable 5. Testaments are the legal declaration of a to become bankrupts for debts of a suffi man's intentions, which he wills to be cient amount ...............................

473

performed after his death. These are, I. 4 A trader who endeavours to avoid his Written. II. Nuncupative........ .499-500

creditors, or evade their just demands, by 6. An executor is he to whom a man by his any of the ways specified in the several will commits the execution thereof ........ 502 statutes of bankruptcy, doth thereby 7. Administrators are, I. Durante minore commit a bankruptcy ... .....

478

ætate of an infant executor or adminis6 The proceedings on a commission of trator; or durante absentia; or pendente

bankrupt, so far as they affect the bank lite. II. Cum testamento annexo; when no rupt himself, are principally by, I. Peti. executor is named, or the executor refuses tion. II. Commission. III. Declaration

to act. III. General administrators; in of bankruptcy. IV. Choice of assignees.

pursuance of the statutes of Edward III. V. The bankrupt's surrender. VI. His

and Henry VIII. IV. Administrators de examination. VII. His discovery. VIII. bonis non; when a former executor or adHis certificate. IX. His allowance. X.

ministrator dies without completing his His indemnity... ..479-485 trust.

..503-507 & The property of a bankrupt's personal 8. The office and duty of executors (and, in estate is, immediately upon the act of

many points, of administrators also) are, bankruptcy, vested by construction of I. To bury the deceased. II. To prove law in the assignees: and they, when the will, or take out administration. III. they have collected, distribute the whole

To make an inventory. IV. To collect by equal dividends among all the cre the goods and chattels. V. To pay debts; ditors ......

.485-488 observing the rules of priority. VI. To CHAPTER XXXII.

pay legacies, either general or specific;

if they be vested, and not lapsed. VII. OF TITLE BY TESTAMENT, AND ADMINISTRA To distribute the undevised surplus, acTIOS..

489 to 520 cording to the statute of distributions..508–520

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INTRODUCTION.

Of the Study, Nature, and Extent of the Laws of England.

SECTION I.

ON THE STUDY OF THE LAW.

MR. VICE-CHANCELLOR AND THE GENTLEMEN OF THE UNIVERSITY.

The general expectation of so numerous and respectable an audience, the novelty, and (I may add) the importance of the duty required from this chair, must unavoidably be productive of great diffidence and apprehensions in him who has the honour to be placed in it. He must be sensible how much will depend upon his conduct in the infancy of a study, which is now first adopted by public academical authority; which has generally been reputed (however unjustly) of a dry and unfruitful nature; and of which the theoretical elementary parts, have hitherto received a very moderate share of cultivation. He cannot but reflect that, if either his plan of instruction be crude and injudicious, or the execution of it lame and superficial, it will cast a damp upon the farther progress of this most useful and most rational branch of learning; and may defeat for a time the *public-spirited design of our wise and munificent benefactor. [*4 And this he must more especially dread, when he feels by experience how unequal his abilities are (unassisted by preceding examples) to complete, in the manner he could wish, so extensive and arduous a task; since he freely confesses, that his former more private attempts have fallen very short of his own ideas of perfection. And yet the candour he has already experienced, and this last transcendent mark of regard, his present nomination by the free and unanimous suffrage of a great and learned university, (an honour to be ever remembered with the deepest and most affectionate gratitude,) these testimonies of your public judgment must entirely supersede his own, and forbid him to believe himself totally insufficient for the labour at least of this employment. One thing he will renture to hope for, and it certainly shall be his constant aim, by diligence and attention to atone for his other defects : esteeming, that the best return which he can possibly make for your favourable opinion of his capacity, will be his unwearied endeavours in some little degree to deserve it.

The science thus committed to his charge, to be cultivated, methodized, and explained in a course of academical lectures, is that of the laws and constitution of our own country: a species of knowledge, in which the gentlemen of England have been more remarkably deficient than those of all Europe besides. In most of the nations of the continent, where the civil or imperial law, under different modifications, is closely interwoven with the municipal laws of the land, no gentleman, or at least no scholar, thinks his education is completed, till he has attended a course or two of lectures, both upon the institutes of Justinian and

Rend in Oxford at the opening of the Vinerian lectures, Esth October, 1758.

VOL L-1

The anthor had been eleated first Vinerian professor the 20th of October previously.

1

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